On 2 March 2010, the Annual General Meeting elected Deloitte & Touche as auditors for financial year 2009/2010. The Supervisory Board commissioned Deloitte & Touche to conduct the audit concluded an agreement with Deloitte & Touche regarding the latter’s fee and followed the Audit Committee’s recommendations in specifying the points on which audit activities should focus. The audit of the Financial Statements and Consolidated Financial Statements as at 30 September 2010 focused on the following: impairment testing of tangible and intangible assets including goodwill in light of the economic outlook (including clear documentation, note disclosures); recognition and measurement of financial instruments, note disclosures on measurement assumptions and changes, and IFRS 7 disclosures; the (Group) Management Report including risk and forecast reporting (in particular bearing in mind the advice issued by the German Accounting Standards Board on 27 March 2009); segment reporting in accordance with IFRS 8; note disclosures on measurement assumptions in the event of accounting estimates and estimation uncertainty in the financial statements, for example, when measuring properties at fair value (IAS 40.75d) and when measuring pension obligations (IAS 19.120 A); presentation and explanation of significant financial risks related to financial covenants (Section 315 (1) German Commercial Code (HGB), German Accounting Standard (GAS) 15, GAS 5; IFRS 7.18 f. and IFRS 7.31).

Deloitte & Touche audited and issued an unqualified audit opinion on the Financial Statements and Consolidated Financial Statements prepared by the Management Board for the financial year from 1 October 2009 to 30 September 2010 and the combined Management Report.

The financial statement documents and the auditors’ audit reports were submitted to all members of the Supervisory Board in good time ahead of the Audit Committee meeting on 29 November 2010 and the Supervisory Board meeting on 3 December 2010. The documents were discussed in detail at both of the aforementioned meetings. The two meetings were also attended by the auditors, who reported on the material findings of their audit, answered questions and were available to provide any further information. In doing so, the auditors confirmed that no material weaknesses had been identified in the internal control and risk management system in relation to the financial reporting process and that there were no circumstances that would call into question the auditors’ impartiality. The auditors also reported that, in addition to performing the financial statement audits, they had conducted an informal review as at 31 March 2010 and provided audit-related services amounting to EUR 7,000 and other services amounting to EUR 288,000 in financial year 2009/2010.

Having thoroughly examined the Financial Statements and Consolidated Financial Statements, the combined Management Report and the proposal on the appropriation of net income, the Supervisory Board approved the findings of the auditors’ audit. It did not raise any objections on completion of its examination. The Supervisory Board followed the Audit Committee’s recommendation and approved the Financial Statements and Consolidated Financial Statements. The Financial Statements were thus adopted. The Supervisory Board also approved the Management Board’s proposal on the appropriation of net income.